HomeMy WebLinkAbout2023-06-20; City Council; Agendas
The City Council also sits as the Carlsbad Municipal Water District Board, Public Financing Authority Board, Community Development
Commission and Successor Agency to the Redevelopment Agency. When considering items presented to the Carlsbad Municipal Water
District Board, each member receives an additional $100 per meeting (max $300/month). When considering items presented to the
Community Development Commission each member receives an additional $75 per meeting (max $150/month).
Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Welcome to Your City Council Meeting
We welcome your interest and involvement in the city’s legislative process. This agenda includes information about
topics coming before the City Council and the action recommended by city staff. You can read about each topic in
the staff reports, which are available on the city website and in the Office of the City Clerk. The City Clerk is also
available to answer any questions you have about City Council meeting procedures.
How to Watch
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City Council Chamber
1200 Carlsbad Village Drive
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carlsbadca.gov/watch
How to Participate
If you would like to provide comments to the City Council, please:
• Fill out a speaker request form, located in the foyer.
• Submit the form to the City Clerk before the item begins.
• When it’s your turn, the City Clerk will call your name and invite you to the podium.
• Speakers have three minutes, unless the presiding officer (usually the Mayor) changes that time.
• You may not give your time to another person, but can create a group. A group must select a single speaker
as long as three other members of your group are present. All forms must be submitted to the City Clerk
before the item begins and will only be accepted for items listed on the agenda (not for general public
comment at the beginning of the meeting). Group representatives have 10 minutes unless that time is
changed by the presiding officer or the City Council.
Reasonable Accommodations
Reasonable Accommodations Persons with a disability may request an agenda packet in appropriate alternative
formats as required by the Americans with Disabilities Act of 1990. Reasonable accommodations and auxiliary aids
will be provided to effectively allow participation in the meeting. Please contact the City Manager’s Office at 442-
339-2821 (voice), 711 (free relay service for TTY users), 760-720-9461 (fax) or manager@carlsbadca.gov by noon on
the Monday before the meeting to make arrangements. City staff will respond to requests by noon on Tuesday, the
day of the meeting, and will seek to resolve requests before the start of the meeting in order to maximize
accessibility.
More information about City Council meeting procedures can be found at the end of this agenda and in the
Carlsbad Municipal Code chapter 1.20.
June 20, 2023, 5 p.m.
June 20, 2023 Page 2
CALL TO ORDER: 5 p.m.
ROLL CALL: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
ANNOUNCEMENT OF CONCURRENT MEETINGS: City Council is serving as the Carlsbad Municipal Water
District Board of Directors on Consent Calendar Item No. 10.
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Bhat-Patel led the Pledge of Allegiance.
APPROVAL OF MINUTES:
Minutes of the Regular Meeting held May 9, 2023
Minutes of the Regular Meeting held May 16, 2023
PRESENTATIONS:
Accept Donation from Carlsbad Library & Arts Foundation
PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: No reportable action.
PUBLIC COMMENT: The Brown Act allows any member of the public to comment on items not on the
agenda. Please treat others with courtesy, civility, and respect. Members of the public may participate in
the meeting by submitting comments as provided on the front page of this agenda. The City Council will
receive comments as requested up to a total of 15 minutes in the beginning of the meeting. All other non-
agenda public comments will be heard at the end of the meeting. In conformance with the Brown Act, no
action can occur on these items.
CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted
by one motion as listed below. There will be no separate discussion on these items prior to the time the
Council votes on the motion unless members of the Council, the City Manager, or the public request specific
items be discussed and/or removed from the Consent Calendar for separate action.
WAIVER OF ORDINANCE TEXT READING:
This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
1. ACCEPTING $105,000 DONATION FROM THE CARLSBAD LIBRARY & ARTS FOUNDATION – Adoption of
resolution accepting a donation of $105,000 from the Carlsbad Library & Arts Foundation to the City
of Carlsbad’s Library & Cultural Arts Department. (Staff contact: Suzanne Smithson, Community
Services Department)
ACTION: Adopted Resolution No. 2023-171 – 5/0.
2. PURCHASE OF PROPERTY INSURANCE COVERAGE FOR FISCAL YEAR 2023-24 – Adoption of a resolution
approving the purchase of $100 million of property insurance through Aon Insurance for Fiscal Year
2023-2024 in an amount not to exceed $575,000. (Staff contact: Ed Garbo, Administrative Services
Department)
ACTION: Adopted Resolution No. 2023-172 – 5/0.
3. PURCHASE OF EXCESS LIABILITY INSURANCE COVERAGE FOR FISCAL YEAR 2023-24 – Adoption of a
resolution approving the purchase of a maximum of $43 million of excess liability coverage through
California Insurance Pool Authority for Fiscal Year 2023-2024 in an amount not to exceed $1,150,000.
June 20, 2023 Page 3
(Staff contact: Ed Garbo, Administrative Services Department)
ACTION: Adopted Resolution No. 2023-173 – 5/0.
4. AGREEMENT WITH INTERFAITH COMMUNITY SERVICES TO PROVIDE OUTREACH AND CASE
MANAGEMENT SERVICES TO INDIVIDUALS AND HOUSEHOLDS EXPERIENCING HOMELESSNESS –
Adoption of resolution approving a professional services agreement with Interfaith Community
Services in an amount of $315,000 to provide outreach and case management services to assist
individuals and households experiencing homelessness in the City of Carlsbad. (Staff contact: Chris
Shilling, Community Services Department)
ACTION: Adopted Resolution No. 2023-174 – 4/1 (Burkholder – No).
5. AMENDING A PROFESSIONAL SERVICES AGREEMENT WITH THE COMMUNITY RESOURCE CENTER TO
PROVIDE RAPID RE-HOUSING SERVICES AND APPROVING A RELATED GRANT AGREEMENT WITH THE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT – 1) Adoption of a resolution approving an
amendment to a professional services agreement with the Community Resource Center to provide
rapid re-housing assistance and case management services to assist individuals and households
experiencing homelessness in the City of Carlsbad; and
2) Adoption of a resolution authorizing the City Manager to execute a grant agreement and related
program documents with the Department of Housing and Urban Development’s Continuum of Care
Program. (Staff contact: Chris Shilling, Community Services Department)
ACTION: Adopted Resolution No. 2023-175; and
Adopted Resolution No. 2023-176 – 5/0.
6. SUMMARY VACATION OF RELINQUISHMENT OF ACCESS RIGHTS OVER A PORTION OF LOT 13 OF MAP
NO. 15013 LOCATED AT 3266 LIONSHEAD AVE. (VAC 2021-0003) – Adoption of a resolution approving
a summary vacation of relinquishment of access rights over a portion of Lot 13 of Map No. 15013.
(Staff contact: Jason Geldert, Community Services Department)
ACTION: Adopted Resolution No. 2023-177 – 5/0.
7. SECOND AMENDMENT TO LICENSE AGREEMENT WITH T-MOBILE WEST EXPANDING THE WIRELESS
COMMUNICATION FACILITY LICENSE AREA AT CALAVERA HILLS COMMUNITY PARK – Adoption of a
resolution approving the second amendment to the license agreement between T-Mobile West LLC
and the City of Carlsbad to increase the sublicense area at Calavera Hills Community Park from 48
square feet to 112 square feet to accommodate a sublicense with Dish Wireless, LLC to operate a
wireless communication facility and authorizing the City Manager to execute the amendment. (Staff
contact: Curtis Jackson, Community Services Department)
ACTION: Adopted Resolution No. 2023-178 – 4/0/1 (Acosta – Abstain).
8. AUTHORIZATION TO EXEMPT FROM THE CITY’S COMPETITIVE BIDDING REQUIREMENTS AND EXECUTE
AN AGREEMENT WITH BHA, INC. TO PROVIDE ENGINEERING SERVICES FOR THE VALLEY AND
MAGNOLIA COMPLETE STREETS PROJECT (CIP PROJECT NO. 6019) – Adoption of a resolution
authorizing an exemption from the city’s competitive bidding requirements and execution of a
professional services agreement with BHA, Inc. to provide engineering and construction support
services for the Valley and Magnolia Complete Streets Project, Capital Improvement Program Project
June 20, 2023 Page 4
No. 6019. (Staff contact: Lauren Ferrell and Hossein Ajideh, Public Works Department)
ACTION: Adopted Resolution No. 2023-179 – 5/0.
9. DECLARE CARLSBAD COASTAL VIEWS, LLC IN DEFAULT OF THE SUBDIVISION IMPROVEMENT
AGREEMENT FOR PROJECT CT 16-04, HIGHLAND VIEW HOMES – Adoption of a resolution declaring
Carlsbad Coastal Views, LLC in default of the subdivision improvement agreement for Project CT 16-
04, Highland View Homes. (Staff contact: Babaq Taj and Valerie Airey, Public Works Department)
ACTION: Adopted Resolution No. 2023-180 – 5/0.
10. APPROVAL OF THE 2023 ANNUAL WATER SHORTAGE ASSESSMENT REPORT AND AUTHORIZATION TO
SUBMIT THE ASSESSMENT TABULAR REPORT TO THE CALIFORNIA DEPARTMENT OF WATER
RESOURCES – Adoption of a Carlsbad Municipal Water District Board of Directors resolution approving
the 2023 Annual Water Shortage Assessment Report and authorizing submittal of the assessment
tabular report to the California Department of Water Resources on or before July 1, 2023. (Staff
contact: Vicki Quiram, Public Works Department)
ACTION: Adopted Resolution No. 1712 – 5/0.
11. TERMINATION OF THE DECLARATION OF A STORM-RELATED LOCAL EMERGENCY FOR REPAIR OF A
SINKHOLE ON HAYMAR DRIVE AND RATIFICATION OF THE EMERGENCY CONTRACT – Adoption of a
resolution terminating the declaration of a storm-related local emergency for repair of a sinkhole in
the area of Haymar Drive and ratifying the emergency contract. (Staff contact: Tom Frank and Vicki
Quiram, Public Works Department)
ACTION: Adopted Resolution No. 2023-181 – 5/0.
12. AMENDMENT NO. 2 TO AN AGREEMENT WITH MEK ENTERPRISES, INC. FOR CITYWIDE PARKS
RESTROOM CUSTODIAL MAINTENANCE SERVICES – Adoption of a resolution authorizing Amendment
No. 2 to an agreement with MEK Enterprises, Inc. for citywide parks restroom custodial maintenance
services in an amount not to exceed $187,071 and to extend the term of the agreement until Sept. 30,
2023. (Staff contact: Barney Dresman, Public Works Department)
ACTION: Adopted Resolution No. 2023-182 – 5/0.
ORDINANCES FOR INTRODUCTION: None.
ORDINANCES FOR ADOPTION: None.
PUBLIC HEARINGS:
13. VARIANCE AND COASTAL DEVELOPMENT PERMIT FOR UNPERMITTED RETAINING WALLS AND DECK
LOCATED AT 2170 TWAIN AVENUE (V2022-0002. CDP2022-0019) – Adoption of a resolution approving
a Coastal Development Permit and Variance to allow an unpermitted retaining wall system and wood
deck that exceeds standards on a manufactured uphill perimeter slope with a gradient greater than
40 percent and an elevation differential of greater than fifteen feet located on property located at
2170 Twain Avenue within the Mello II segment of the City’s Local Coastal Program and Local Facilities
Management Zone Eight (Case Name: Hom Residence: Retaining Wall Variance; Case No.: CDP2022-
0019/V2022-0002(DEV2022-0005)). (Staff contact: Kyle Van Leeuwen, Community Services
Department)
June 20, 2023 Page 5
City Manager’s Recommendation: Take public input, close the public hearing, and adopt the
resolution.
ACTION: Adopted Resolution No. 2023-183 – 5/0.
DEPARTMENTAL AND CITY MANAGER REPORTS:
14. SEMI-ANNUAL HOMELESSNESS ACTION PLAN UPDATE AND 2023 POINT-IN-TIME COUNT DATA
Receive a report and provide direction to staff as necessary on the semi-annual Homelessness Action
Plan data and the latest 2023 Point-in-Time Count results. (Staff contact: Mandy Mills, Chris Shilling
and Jessica Klein, Community Services Department)
City Manager’s Recommendation: Receive the report and provide direction to staff as necessary.
ACTION: Council received the report.
15. APPROVING THE PREFERRED DESIGN OPTION FOR THE SOUTH CARLSBAD BOULEVARD CLIMATE
ADAPTATION STUDY – Adoption of a resolution accepting the recommendations of the Traffic and
Mobility Commission and the Beach Preservation Commission by approving the roundabout option
(Option 2) as the preferred design to complete the grant requirements for the South Carlsbad
Boulevard Climate Adaptation Study. (Staff contact: Tom Frank and Katie Hentrich, Public Works
Department)
City Manager’s Recommendation: Adopt the resolution.
ACTION: Adopted Resolution No. 2023-184 – 5/0.
COUNCIL COMMENTARY AND REQUESTS FOR CONSIDERATION OF MATTERS: This portion of the agenda
is for the City Council Members to make brief announcements, brief reports of their activities and requests
for future agenda items.
City Council Regional Assignments (Revised 3/21/23)
Keith Blackburn
Mayor
Buena Vista Lagoon JPC
Chamber of Commerce Liaison (alternate)
Encina Joint Powers JAC
Encina Wastewater Authority Board of Directors
Economic Development Subcommittee
SANDAG Board of Directors (2nd alternate)
SANDAG Shoreline Preservation Work Group (alternate)
Priya Bhat-Patel
Mayor Pro Tem – District 3
City/School Committee
Clean Energy Alliance JPA
Economic Development Subcommittee
League of California Cities – SD Division (alternate)
North County Transit District
SANDAG Board of Directors (1st alternate)
Melanie Burkholder
Council Member – District 1
City Council Legislative Subcommittee
North County Dispatch Joint Powers Authority (alternate)
SANDAG Board of Directors
June 20, 2023 Page 6
Teresa Acosta
Council Member – District 4
Chamber of Commerce Liaison
City Council Legislative Subcommittee
City/School Committee
Clean Energy Alliance JPA (alternate)
Encina Joint Powers JAC (alternate)
Encina Wastewater Authority Board of Directors (alternate)
League of California Cities – SD Division
North County Dispatch Joint Powers Authority
San Diego County Water Authority
Carolyn Luna
Council Member – District 2
Buena Vista Lagoon JPC
Encina Joint Powers JAC
Encina Wastewater Authority Board of Directors
North County Transit District (alternate)
SANDAG Shoreline Preservation Work Group
PUBLIC COMMENT: Continuation of the Public Comments
This portion of the agenda is set aside for continuation of public comments, if necessary, due to exceeding
the total time allotted in the first public comments section. In conformance with the Brown Act, no Council
action can occur on these items.
ANNOUNCEMENTS:
This section of the Agenda is designated for announcements to advise the community regarding events
that Members of the City Council have been invited to, and may participate in.
CITY MANAGER COMMENTS:
CITY ATTORNEY COMMENTS:
ADJOURNMENT: 8:28 p.m.
City Council Meeting Procedures (continued from page 1)
Written Materials
Written materials related to the agenda that are submitted to the City Council after the agenda packet has been published will
be available for review prior to the meeting during normal business hours at the City Clerk’s office, 1200 Carlsbad Village Drive
and on the city website. To review these materials during the meeting, please see the City Clerk.
Visual Materials
Visual materials, such as pictures, charts, maps or slides, are allowed for comments on agenda items, not general public
comment. Please contact the City Manager’s Office at 442-339-2820 or manager@carlsbadca.gov to make arrangements in
advance. All materials must be received by the City Manager’s Office no later than noon the day before the meeting. The time
spent presenting visual materials is included in the maximum time limit provided to speakers. All materials exhibited to the City
Council during the meeting are part of the public record. Please note that video presentations are not allowed.
Decorum
All participants are expected to conduct themselves with mutual respect. Loud, boisterous and unruly behavior can interfere
with the ability of the City Council to conduct the people’s business. That’s why it is illegal to disrupt a City Council meeting.
Following a warning from the presiding officer, those engaging in disruptive behavior are subject to law enforcement action.
City Council Agenda
June 20, 2023 Page 7
The City Council follows a regular order of business that is specified in the Carlsbad Municipal Code. The City Council may only
make decisions about topics listed on the agenda.
Presentations
The City Council often recognizes individuals and groups for achievements and contributions to the community. Well-wishers
often fill the chamber during presentations to show their support and perhaps get a photo. If you don’t see an open seat when
you arrive, there will likely be one once the presentations are over.
Consent Items
Consent items are considered routine and may be enacted together by one motion and vote. Any City Council member may
remove or “pull” an item from the “consent calendar” for a separate vote. Members of the public may pull an item from the
consent calendar by requesting to speak about that item. A speaker request form must be submitted to the clerk prior to the
start of the consent portion of the agenda.
Public Comment
Members of the public may speak on any city related item that does not appear on the agenda. State law prohibits the City
Council from taking action on items not listed on the agenda. Comments requiring follow up will be referred to staff and, if
appropriate, considered at a future City Council meeting. Members of the public are also welcome to provide comments on
agenda items during the portions of the meeting when those items are being discussed. In both cases, a request to speak form
must be submitted to the clerk in advance of that portion of the meeting beginning.
Public Hearing
Certain actions by the City Council require a “public hearing,” which is a time within the regular meeting that has been set aside
and noticed according to different rules.
Departmental Reports
This part of the agenda is for items that are not considered routine and do not require a public hearing. These items are usually
presented to the City Council by city staff and can be informational in nature or require action. The staff report about each item
indicates the purpose of the item and whether or not action is requested.
Other Reports
At the end of each meeting, City Council members and the City Manager, City Attorney and City Clerk are given an opportunity
to share information. This usually includes reports about recent meetings, regional issues, and recent or upcoming meetings
and events.
City Council Actions
Resolution
A resolution is an official statement of City Council policy that directs administrative or legal action or embodies a public City
Council statement. A resolution may be introduced and adopted at the same meeting. Once adopted, it remains City Council
policy until changed by subsequent City Council resolution.
Ordinance
Ordinances are city laws contained in the Carlsbad Municipal Code. Enacting a new city law or changing an existing one is a
two-step process. First, the ordinance is “introduced” by city staff to the City Council. If the City Council votes in favor of the
introduction, the ordinance will be placed on a subsequent City Council meeting agenda for “adoption.” If the City Council votes
to adopt the ordinance, it will usually go into effect 30 days later.
Motion
A motion is used to propose City Council direction related to an item on the agenda. Any City Council member may make a
motion. A motion must receive a “second” from another City Council member to be eligible for a City Council vote.